Will
Subhash
(Querist) 22 December 2016
This query is : Resolved
My mother prepared a will which stated that she wishes to give her property to one of our brother. In the will she has mentioned the names of we 4 brothers and the will says that after her death the property will be owned by our father and after his death will be given to one of the brother. the will was made on 07/04/2010 and she died on 16/06/2010. In Aug
the property was transferred in our father's name by virtue of sale deed prepared in his name. Now after his death last year,when dispute arose,the alleged beneficiary got the will registered on 04/11/2016 and produced the same. My question is that after the property was transferred in my father's name ,the will dated 07/04/2010 is still valid/enforcibel?
Guest
(Expert) 22 December 2016
How a will could be Registered after the demise of the Executors.In your Case the will has to be Probated in court before Executing.It sounds as illegal and consult a local good advocate with all the evidence.
Rajendra K Goyal
(Expert) 22 December 2016
You said:
the property was transferred in our father's name by virtue of sale deed prepared in his name.
Reply:
Who, how, signed the sale deed as the property owner has expired?
Whether the said document(?) was registered?
Rajendra K Goyal
(Expert) 22 December 2016
You said:
will says that after her death the property will be owned by our father and after his death will be given to one of the brother.
Reply:
What rights father can enjoy during life time, whether he had the authority to sell the property?
Show full document to local lawyer.
Rajendra K Goyal
(Expert) 22 December 2016
You said:
Now after his death last year,when dispute arose,the alleged beneficiary got the will registered on 04/11/2016 and produced the same.
Reply:
How, where, whose will was registered?
Practically after death of testator will can not be registered. Un registered will is legal. Will can / need to be probated from court.
Rajendra K Goyal
(Expert) 22 December 2016
You said:
My question is that after the property was transferred in my father's name ,the will dated 07/04/2010 is still valid/enforcibel?
Reply:
Your query seems away from fact / you may not be able to clearly mention the facts / may be it is academic query.
It is better show all documents to local lawyer if the query is actual. Language and details of documents need to be referred.
Guest
(Expert) 22 December 2016
Well questioned by Mr.R.K.Goyal
Kumar Doab
(Expert) 22 December 2016
Is it the same query:
http://www.lawyersclubindia.com/experts/Will-626656.asp
Pls show the documents to a very able local counsel, as suggested by experts.
P. Venu
(Expert) 23 December 2016
What do you mean by "the property was transferred in our father's name by virtue of sale deed prepared in his name"?
